1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

1. The following facts shall be significant or obvious to this court in fact:

The Plaintiff filed the instant lawsuit against the Defendant, who was an employer, seeking the payment of retirement allowance and annual paid leave allowance at the court of first instance.

B. On July 15, 2016, the court of the first instance referred the instant lawsuit to conciliation, and on the date of the instant conciliation proceeding, the attendance of the Plaintiff, the Defendant, and the attorney-at-law of the Defendant at the attorney-at-law was conducted, and the following contents were established, and on the same day, the Defendant signed the “written confirmation of the content of the conciliation clause” to confirm the content of the conciliation.

The Defendant shall pay KRW 10 million to the Plaintiff, which shall be paid in 10,000,000 to the end of each month from August 31, 2016 to May 31, 2017. If the Defendant delays the payment of the foregoing installment, the Defendant shall immediately lose the benefit of the time, and shall pay the unpaid amount plus damages for delay calculated at the rate of 15% per annum from the day following the day of loss of the benefit of the time to the day of full payment.

C. On July 19, 2016, the Defendant submitted an application for designation of the date to the effect that he/she will proceed to a trial again to this court. On August 17, 2016, the court of first instance issued a declaration of termination of the lawsuit, stating that “the instant lawsuit was completed on July 15, 2016,” the court of first instance opened a date for pleading on August 17, 2016 and stated the application for designation of the date on July 19, 2016 and the briefs dated August 10, 2016, and closed the pleadings.”

2. The assertion and judgment

A. The gist of the defendant's assertion is that the defendant responded to the ice conciliation by creating a tension atmosphere of the articles of incorporation and by the end. Thus, this case's conciliation has no effect, and the defendant paid both retirement allowance and annual paid leave allowance to the plaintiff and completed interim settlement of the retirement allowance. Therefore, the plaintiff cannot respond to the plaintiff's claim.

(b).